imperative words

imperative words
Words of command rather than precatory words. When in a will words of recommendation, request, and the like are used in direct reference to the testator's estate, they are prima facie testamentary and imperative and not precatory. While the desire of a testator for the disposal of his estate is a mere request when addressed to his devisee, it is to be construed as a command when addressed to his executor. All expressions indicative of his wish or will are commands. Estate of Tooley, 170 Cal 164, 149 P 574.

Ballentine's law dictionary. . 1998.

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